Russell Bricklaying Pty Ltd

[2021] FWCA 7207

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Russell Bricklaying Pty Ltd
(AG2021/8665)

RUSSELL BRICKLAYING PTY LTD ENTERPRISE AGREEMENT 2021 - 2025

Building, metal and civil construction industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 21 DECEMBER 2021

Application for approval of the Russell Bricklaying Pty Ltd Enterprise Agreement 2021 - 2025

[1] An application has been made for approval of an enterprise agreement known as the Russell Bricklaying Pty Ltd Enterprise Agreement 2021 - 2025 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 28 December 2021. The nominal expiry date of the Agreement is 20 December 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application for the approval of the Russell Bricklaying Pty Ltd Enterprise Agreement 2021 - 2025. The applicant, Russell Bricklaying Pty Ltd, sought approval from the Fair Work Commission. The respondent, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), did not oppose the application, but did raise concerns about certain provisions in the agreement.

The primary legal issue the court had to address was whether the Enterprise Agreement met the requirements of the Fair Work Act 2009. Specifically, the court had to determine if the agreement complied with the procedural requirements for an enterprise agreement, such as the proper negotiation process, and whether it contained all the mandatory terms and conditions required by the Act.

The Fair Work Commission found that the Enterprise Agreement was negotiated in good faith and met all procedural requirements. The court also found that the agreement contained all the mandatory terms and conditions prescribed by the Act. The Commission approved the agreement, noting the absence of opposition from the respondent and the absence of any substantive issues regarding the terms of the agreement.

The Fair Work Commission approved the Russell Bricklaying Pty Ltd Enterprise Agreement 2021 - 2025, confirming its compliance with the Fair Work Act 2009. The court found that the agreement had been properly negotiated and contained all mandatory terms and conditions. The Commission's decision was based on the lack of opposition from the respondent and the absence of any substantive issues regarding the terms of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established